2021 (3) TMI 800

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eal authority has partly allowed the appeal no. 12 of 2020, arising from the proceedings under Section 130(2) of the Act. 3. While the explanation furnished by the petitioner with respect to two "loose purchases" referred to by the assessing authority has been rejected, the petitioner has been held liable to tax on the concealed turnover of iron scrap, valued at Rs. 20,00,000/-. Accordingly, tax Rs. 3,60,000/- and penalty Rs. 3,60,000/- have been sustained by the appeal authority. Aggrieved thereby, the petitioner has filed the present petition. 4. Since the GST Tribunal has yet not been constituted, the present writ petition was entertained and pleadings have been exchanged. Accordingly, the same is being decided upon hearing the parties....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed the appeal and sustained the imposition of tax and penalty on the balanced turnover of Rs. 20,00,000/- only, that refers to two "loose purchases" for which the petitioner's explanation was rejected. 8. Submission of learned counsel for the petitioner is that even those two purchases were duly explained, inasmuch as, the same were really not in the shape of the loose documents but the same were regular tax invoice of the assessee being numbered JMJ/17-18/BST202 dated 24.1.2018 and purchase invoice dated 29.5.2019. Copies of those documents have also been annexed with the writ petition. The details of the two transactions mentioned in the chart, which is a part of the appeal order, are the same as those mentioned in the tax invoice an....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nue authorities further admit to the issuance of the e-way bills against the aforesaid invoices. Therefore, the transaction was not only made against the regular invoice but also the details of the transaction were uploaded on the portal of the revenue authority. 11. In view of the aforesaid facts to permit the revenue authorities, to draw a conclusion of evasion of tax is found to be without any basis. The alleged discrepancy in GSTR-3B and GSTR-2A referred to by the assessing authority did not even find favour with the appeal authority, inasmuch as, it did not refer to the same in the impugned order. Therefore, that part of the submission advanced by learned Standing Counsel cannot be accepted. Even otherwise, in face of the admission, a....